you're watching cbs 5 eyewitness news. cast on election day, then on stolen. tonight, dozens of missing ballots are found floating. some oakland businesses preparing for another round of the unknown ahead of tomorrow's sentencing of johannes mehserle. you and your kids moving, released just in time for the holiday, but did connect move in two fast. it happens to millions of people but that doesn't make it any icier. her own -- any easier. every vote counts, that's the american way. but not this election. tonight, dozens of ballots that people cast on tuesday have been found floating in a lagoon. >> reporter: why here? why in the water? please are still trying to figure that out.

that's exactly what happened. 75 voters' ballots which are 375 actual ballot cards were found in bag floating here at the palace of fine arts. they were taken from a crocker amazon neighborhood polling place. they are now soaking wet and the voter registrar says there were not enough ballots taken to alter any outcomes but there are some problems with these ballots they probably won't be counted for legal reasons. >> the chain of custody has been broken, and so since they have been taken away from our possession, and even though they are in our possession now and they are all wet, i don't know if the ink if it's legible, since the chain of custody has been broken, it's unclear if we can even consider including those cards in the count for this election. >> reporter: police arrested

carl nicholas yesterday. he is the inspector who police say left early with the ballots. an electronic data reporter is still missing. they say there weren't enough ballots taken to alter local outcomes but that's undemocratic. >> i think it's very sad. it's horrible. every vote counts. this election was so important. it was a nail-biter. i couldn't leave the tv. and to think that someone would do something like that, it's so disappointing. >> all of this is a bit reminiscent of what happened in 2001 when those red ballot box lids started showing up around the bay and out on the ocean shore line. at that time tammy hey good was the director of elections, it was just the ballot box lids. he have one wondered for a long time what that was all about, but she said they were cleaning

boxes and the lids blew into the bay. eventually she lost her job. >> this is a serious crime and not to dismiss what has happened but there were only 75 ballots and so you wonder what this person did this, what he was thinking. >> if it were your ballot, how would you feel. >> yeah, absolutely. yeah it's a lot of vote. thank you. tomorrow morning, former bart police officer johannes mehserle will hear his punishment for killing and shooting oscar grant. we've seen crowds get out of control in connection with this case before. >> we're not getting the sense of unionty that we're going to have any of the mass crowds we had in july, however we're prepared for a worst case scenario. many businesses are still boarding up their windows. >> reporter: there are a lot of businesses boarding up. this is 17th and broadway at the youth radio building.

you can see artist drawing images of peace on the wall. there does not seem to be the case that there might be the worst case scenario tomorrow. in fact, quite the contrary. the streets of oakland are calm. >> reporter: his dogs were on duty last time there was a mehserle verdict. so his scooter store went untouched. the jewelry store right next door was badly ransacked and looted. they say they will have more security. but will it be necessary. >> i'm not sensing a lot of the tension that you could feel in the air during the verdict. so i'm -- i just kind of think everybody is going to go with the flow. i'm not getting the feeling that it's going to be a lot of stuff going on down here. >> reporter: an art show is on as scheduled. >> i might make a sale. there is a rally going on and

people will pass by and you know hopefully you can draw some of them in here. >> reporter: still many businesses are boarding up just in case some of the protestors get out of hand. [ audio difficulty ] >> reporter: sometime tomorrow the judge in la is expected to announce mehserle's sentence. he could get up to 14 years in prison in part because of a gun enhandsment. >> my guys is that it will be a few years. -- >> reporter: but he says since cops are required to carry weapons, the enhandsment may not fly. >> i think it should be thrown out. i think the judge may be reluctant to do that. >> reporter: the expectation is that many here in oakland will be deeply unsatisfied by the punishment verdict. but they are hoping outsiders will not once again take it out

on the livelihoods of the people of oakland. certainly people are outraged but being a vandal is a whole different story. >> reporter: we're still trying to understand what the timing will be tomorrow. our reporter was told to be in court in l.a. first thing early tomorrow morning. so it could come early and tomorrow afternoon at 2:00, they are expecting to begin protests and demonstrations here. they will crack down especially hard on folks who come from outside the city and wreak havoc. >> that seemed to be the problem last time, folks that took the opportunity to be trouble makers. hopefully they will stay away. a man heading to work this morning was killed after being hit by a driver fleeing police. it started when chp officers tried to pull over a bmw speeding westbound 580. the driver led them on a chase off the freeway eventually broad siding and suv in

oakland. the driver of that suv, mark, died. he was on his way to work at fed-ex. >> he's very innocent. he's just doing his job. >> he just came here to -- >> he leaves behind a wife and three step children. the driver of the bmw died at the hospital. a mother is in police custody tonight after they say she abandoned her toddler on the streets. police say that sandra sam useless called them saying she left the boy behind a home because she couldn't care for him. the boy was found safe. he is in protective custody. she faces charges of child endangerment and child desertion. the keys were handed over today to a family who will get one of its newly refurbished homes. this home is one of the first

of 43 foreclosed homes they will be rehabilitating. happen at that time -- happen at that time for humanity who today had to live in a studio apartment. the key represents the dream of homeowner ship. it's the final step in the journey for this family. it represents ownership, responsibility, and the key to a promising future for all the members of this family. >> they will fix up other homes in antioch, bay point, and new arc. aboard cutting sermon today for the newest big box store. lowes had its grand opening today. the store is expected to provide a big boost to the neighborhood economy and create more than 200 new jobs. >> from what i hear from the community, i think it's a really great thing.

and i like how they are putting a lot of people in the community to work because we've heard most of the employees from the neighborhood. >> the new store has 80,000 square feet of retail space. the store officially opened last friday and business seems to be going well so far. a camp -- cramping hands, all symptoms of the avid gamer. there's a whole new way to play video games that could mean the beginning of the end. >> step away from the game controller. motion control has been born again. but be careful, or else you might get some exercise. >> if you may a lot of kinect you're going to burn some calories. >> we get a look at the new enter face. the catch, you're the enter face. >> this is the future of gaming. >> microsoft is hoping that it

will be. i have to sigh it's pretty cool -- have to say it's pretty cool. >> one sends out a signal, the others detect your body movement. so when you move, it moves. when you steer, it steers. when you spin, it spins. when you pet it, it purrs. it even comes with voice recognition. >> so we named our cat, she's happy. by saying the name twice, you basically have imprinted the name, now we have a cat. very affectionate. >> reporter: game spot says it has a lot of potential but it's not perfect. >> i notice here when i move my arms, it matches the movement but there seems to be about a

half second of lag. >> yeah, you know, as i mentioned, it's new technology that everybody is trying to get a handle on. so you're finding right now, you're not finding perfect one to one. as people learn the hardware and what it's capable of, then you probably are going to see a lot of unique things happening. >> reporter: which brings us to a game called "dance central." >> did i win? are you saying this is going to make you want to play more games? >> definitely because it was so easy and i love dancing. who doesn't want to just dance in their house to a really fun songs and play against your boyfriend or your friend and beat them. just like i what i did with you. >> like any rebirth there will be growing pains. it is a great start and can

only get better. >> that tiger was named day dana. >> big sharp teeth. >> it was purring. it was a sweet tiger. social media, facebook wants you to let it tell your friends where you are. you feel me? it's offering some great incentive. a little later -- a second chance as survival for people of lung cancer, how cat scans are changing the way that disease is spotted. hey, dana, it should have been a tiger -- shouldn't have been a tiger, it should have been a cougar named dana. we're able to see the tower, the clouds haven't entirely moved in. we will tell you when to expect the rain as we continue here on the cw. she named mere breast and inspired a book about losing it. >> there is no reason not to do

it. >> coming up in minutes. ,,,,,,,,

the most important cancer findings in the past dec a break through in the early detection of lung cancer it's being hailed as one of the most perform findings. the national cancer institute found spy really ct scans to be much more effective than x-rays for screening. the group that got annual ct scans had 20% fewer deaths. a participant in the study says a scan picked up an early tumor. >> god gave me a second chance in life. that's how i look at it. >> the ability to see tiny leagues is something that chest x-ray can't do. >> think are trying to decide who should get them and how often. the defendant does have risks

-- the test does have risks associated with it. it runs about $400 and is no the covered by medicare or most insurance companies. for women facing math -- mass -- when can it be done and is it right to do? a new book that chronicles one woman's juniory with vivid photographs. >> i think you would like to know this but this does not look good, she says. my heart just went down. >> reporter: two years ago, shawna smith heard the news, breast cancer. >> i felt like i was so young, i was like what? >> reporter: she learned the hard way that at 35 she was not too young for breast cancer. but she also learned at 35 you're never too old to give your breast a name. >> virginia came into my mind like that. >> naming her breast virginia

he involved into a detailed account of the life and terms of a survivor. >> so this is all about a book meeting virginia. >> buy owing aftery of a breast. it's a book for breast cancer patients and their families. >> she documented every step of her surgery and reconstruction. >> she is smiling. virginia is not. >> that's the radiation. >> reporter: photos of her surgery help her heel. >> there's -- i can see the inside of my breast and it's clean and it's pink and it's fresh and new. to me, that was like a new start. >> you are still get your mammogram on your other side. >> reporter: he performed the surgery and another doctor the

reconstruction. >> as far as the overall outlook, women that undergo a successful reconstruction seem to do better with coping with their on going treatment and with getting back and integrating into their family life and social life. >> not only that, they live longer. while most women can have immediate breast reconstruction, less than 25% do. most don't know it's an option. >> to me, that's unacceptable. because there is no reason not to do it. women who come out of the operating room with a breast do better. >> getting that information out, there is hope and there's an option and there can be peace after the shock and trauma of cancer. >> this is why shawna and virginia beared it all. >> it's for women to know that it's going to be okay. it's going to be okay. under california law, treatment for breast cancer includes coverage for

reconstructive surgery. for more information on the book "meet virginia, go to cbs.com, click on news, then health. >> what a fantastic fall day. just beautiful outside. record day. 81 degrees in oakland. 85 in san jose. 85 in monterey. right there. at ocean beach temperature topped off at 75 degrees. it was 78 in san francisco. tonight, increasing cloud cover that will leave your morning commute with partly cloudy conditions. official sunup is at 7:37. it's going to be relatively on the mild side due to a southerly flow. jet stream is kind of split in two here. today we saw the dramatic clouds a cross our sky, that's all from that southerly jet. we're talking about mid-70s

tomorrow, fresno 85 degrees. a threat of rain on saturday. a chance of snow on sunday. tomorrow's high temperatures coming down in comparison to today. 62 in pacific -- you will feel the difference in our inland areas. partly cloudy skies for your friday. saturday is the hula festival. and sunday, yes, it's -- what do you call them -- taking on the -- it could be a mud bowl. that would be fun. so it will be dry friday and mostly cloudy saturday. rain on sunday, dry monday. and another chance of rain showers on tuesday. did you see it? everybody is talking about it. tonight's sunset. we got it from -- orange, for

the giants. >> thanks. well facebook is teaming up with some retailers to give users a new insin active to use the network's check in feature. it will allow merchants -- after they check in. males macy's -- who check in to is store. not we have un-- not everyone is sold on the idea. some fear that checking in will compromise their privacy and safety. mm, my water just broke!

which is really exciting... except i'm at a grocery store. i was just standing here with a carton of oj, and all of a sudden, it was all over the floor. the water, not the oj. and i'm not near my doctor and i'm not really sure what i should do... [ intercom ] clean up on aisle three! [ inhales deeply ] ugh. [ male announcer ] when the unexpected happens, you need a health plan you can trust. 3.4 million californians trust us with their health coverage needs. blue shield.

changed the political landscape for several states. randy coleman from san rafael wants did states beco this week's mid-term elections changed the political landscape. randy wants to know how do states become red for republicans and blew for democrats. why those colors? that's tonight's good question. >> reporter: you have to go back to 1904 when the new york times printed a special color map using blue for democrats

and yellow for republicans. colors changed back and forth for years, but it was television that started the ball rolling. >> it was the function of color tv. when you and i were growing up. when they started color coating the map on election nights, for presidential elections. >> francis nealy says the red/blue thing really took hold in 20 2000. >> a -- in 2000 where we had the big contest between category and -- gore and bush. everything got gelled at that point. >> reporter: he analysis our winter -- he says the color

coding works. but that's as far as the accuracy goes. the map works for a few hours every year. we are kind of pitting one group against another falsely. every state is some shade of purple in reality. looks like the giants might have some company. another bay area team moves one step closer to a championship. speaking of the world champ, the giants make their first decision of the offseason. ♪

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can it keep an eye out for itself, literally show and tell you where it is when you don't even know yourself ? droid can with lookout mobile security, one of thousands of free apps for the droid x and droid 2 by motorola. available on the ever-expanding android market. when there's no limit to what droid gets, there's no limit to what droid does. televised... that's right the coliseum is sold out for this for the first time since week 1, raiders will have the home tell advised football game. this coliseum is sold out for this sunday's game. giants declined to pick up the 10 and a half million dollars

option to hold on to renteria. not a huge surprise. the 34-year-old shortstop was on the -- man, did he hit a big home run. either quakes needed to beat -- 81st minute. that gave this quakes a two- goal lead. the sharks road woes continue. they are singing the blues tonight in st. louis. sharks have been shut out in three straight road games. opening round at the champions tour at haring park where -- is showing why he's in the drivers' seat. he is three back of the lead are john cook. you want to see golf, folks, you can show up. the weather may not be great but the golfers certainly are. >> because he can hit it

longer. >> you are something else. you need your own blog. >> discussion at 11:00.

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